Extracted from the PDF above. The PDF is authoritative.
13 Ranajit (AR.CT)
03.09.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21849 OF 2026 Shyamali Das -vs- The State of West Bengal & Ors. Mr. Rabindra Kumar Mitra, Mr. Sourjya Das, Ms. Poulami Bhowmick ….for the petitioner. Mr. Abhijit Ray, Mr. Deb Kumar Chandra ….for the State.
1. On perusal of writ petition, it appears that petitioner prays for direction upon concerned police authorities to register FIR based on complaint lodged. There is also allegation of inaction on the part of concerned police authorities in taking steps on receipt of complaint.
2. State respondents are represented by learned advocates.
3. There is an alternative remedy available to petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate, in the event complaint of petitioner is not transformed into an FIR.
4. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.).
5. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same
stands dismissed. .
6. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy.
7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2